NORTON legislator Temba Mliswa (independent) has applied for referral of his case where he is charged of breaching COVID-19 regulations to the Constitutional Court (ConCourt).

Mliswa was accused of violating COVID-19 regulations when he held a Press conference at his Borrowdale residence last month.

He now wants the ConCourt to make a ruling on whether his arrest was lawful since the police stormed his house without a warrant of arrest.

Before the ConCourt application, Mliswa had challenged his arrest and detention which was dismissed by Harare magistrate Tafadzwa Miti, who ruled that his residence was not a public place as stipulated by COVID-19 regulations.

Mliswa had argued that he was arrested for addressing journalists who are classified as essential service workers.

The State, however, argued that he was not conducting Parliament business, resulting in his application being dismissed by Miti.

Mliswa, in the application, raised questions, including why he was the only person who was arrested at the Press conference.

“Further take notice that the following are the questions whose referral applicant seeks: Whether the singling out for arrest and prosecution of the applicant from among 23 persons allegedly gathered at the applicant’s residence on the day in question amounts to discrimination and offends against section 56(1) of the Constitution of Zimbabwe,” part of his application read. 

The matter is yet to be set down for hearing.

Leave a Reply